South Africa assembly passes civil unions bill

[JURIST] The South African National Assembly [official website] passed the Civil Unions Bill [JURIST report] Tuesday by a 230-41 vote, becoming the first African nation to recognize same-sex unions [JURIST news archive]. The bill, without specific reference to heterosexual or same-sex couples, recognizes the "voluntary union of two persons, which is solemnized and registered by either a marriage or civil union." It also includes an opt-out clause, which allows officiants to refuse to perform a same-sex ceremony if it conflicts with his or her "conscience, religion and belief." The bill must be approved by the National Council of Provinces [official website], the upper house of parliament, and signed by President Thabo Mbeki before it becomes law.

The legislation was drafted in response to an October 2005 ruling [judgment,PDF; summary; JURIST report] of the South African Constitutional Court holding that the 1961 Marriage Act [1997 extension text, PDF] effectively precluding same-sex marriages violates the South African Constitution [text]. The court gave the government until December 1, 2006 to draft new legislation. BBC News has more. SAPA has local coverage.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.